Legal Question in Family Law in New York
I am thinking about divorcing my husband. We have been married
36 years. He is retired and has a pension from nyc.
Many women problems with him.
Would I be entitled to a percentage of his pension?
Thank you for your help.
Marie
2 Answers from Attorneys
Almost certainly you are entitle to a substantial percentage of his pension, and probably other retirement funds as well, such as deferred compensation, if he participated in that kind of plan.
You would most likely be entitled to a percentage of the "marital portion" of the pension. That is, the portion of the pension that accrued during your marriage. So, if someone has been married for 20 years, and Husband had the pension for 10 years of the marriage, Wife would be entited to a portion of the pension that accrued during the ten years of marriage. You will also be entitled to his social security death benefit.
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